The terms and conditions of use (referred to as the “terms”) include this document as well as documents found within the buyers and sellers policies sections, which are referenced as being part of the terms.

All the terms herein and within additional policies are a binding agreement between yourself and Voetsy (Pty) Ltd, and govern your responsibilities when using any of the services provided on www.voetsy.co.za. As such, please ensure that you have read all the terms carefully, and that if you are not in agreement, that you refrain from using the site in any capacity and for any activity. Any usage of the site will be deemed as acknowledgment and agreement to the terms. Any non-compliance with the terms whether explicit or inferred based on your activities on the site, may result in the services being made unavailable to you. Voetsy reserves the right to discontinue services for any reason, at any time and without notice to you.

Privacy

Our Privacy Policy documents what personal information is collected from you when using the site and to what end we make use of that information. Both Voetsy and independent Sellers will process personal information necessary to conclude service and sales agreements. Voetsy and Sellers are individually responsible for the processing of the aforementioned information and the liability of any unauthorised disclosures lies solely with the responsible party. Sellers will be required to enter into an agreement with Voetsy under these terms to ensure that any personal information processed is done in accordance with required security standards. Voetsy reserves to the right to monitor any activity undertaken by you on our site. Voetsy submits to being bound by confidentiality regarding your activities unless your activities are deemed to be in breach of our terms, interfere with our interests and rights, or we are legally bound to disclosure.

Content Licence

You agree to grant Voetsy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license when posting your content to the site. Your further agree that Voetsy may exercise your Intellectual Property Rights over the content when using, displaying, editing, modifying, distributing and storing your contents and any derivatives thereof.

The above does not grant Voetsy ownership to your content nor does Voetsy have any claim of ownership over your content. The licence is required to allow us the use of your content when facilitating any marketing that may be required, and serves to enable the promotion of both Sellers, their brand, products, services and the Voetsy site.

Similarly, you are not permitted to use Voetsy’s branding without written consent. Any permissible marketing materials will be shared with you and permission of use granted in doing so. Voetsy retains all title, interest and rights, Intellectual Property Rights included, to the Voetsy brand, website, services and/or any other materials produced within the above.

In posting content you confirm that:

You are the rightful owner of the content

You have permission to publish the content

You are not infringing on any third party’s Intellectual Property Rights when posting content

The content you are posting is not inappropriate, inaccurate or misleading in any way, and is in accordance with Voetsy’s Allowable Sales and Prohibited Content polices respectively.

If you become aware of any inappropriate, inaccurate or misleading content, or have had your content published without your consent, please notify us immediately on voetsy@voetsy.co.za and we will take corrective action.

Your Account

To make use of the service on the Voetsy site, whether buying or selling, you will need to register an account with us. The account registration is activated on the provision of an email address and user generated password, the data collection and usage of which is governed by our Privacy Policy.

In creating an account with Voetsy you agree to and confirm the following:

You are 18 years or older, and any activity on the site conducted by a minor ,of less than 18 years old, through your account is solely your responsibility.

The information you provide is accurate and true, falsification or impersonation will result in your account being deactivated.

You are responsible for the information associated with your account, including the protection of your password, as well as for the updating of your personal information to ensure accuracy.

You will notify Voetsy immediately in the event that the security of your account has been compromised.

You indemnify Voetsy of any responsibility regarding any losses you incur through the unauthorised use of your account.

Any activities conducted through your account are solely your responsibility and are in compliance with these terms and legal under local governing law.

You will pay any fees associated with opening an account, as is the case when Sellers register a premium account with Voetsy, or Buyers commit to payment of an order placed with a Seller.

The opening of an account with Voetsy does not constitute any relationship between yourself and Voetsy insofar as the relationship of agency, partnership, joint ventures, employment or franchisee.

You will not use your account for the purposes of obtaining any information relating to the source code of our services, and that you will not attempt to disrupt our services or site functionality through any action not limited to the distribution of viruses or harmful code, or any other activities deemed to be disruptive.

That the services offered to you through the registration of an account are used only for the intended purposes as stated in the terms or otherwise, and are used exclusively by you as the registered user for no other commercially exploitative purposes.

That Voetsy may terminate your account and restrict access to our services at any time and for any reason, without notice, and that we will not be liable for any loss incurred through such a termination.

You are within your rights to terminate your account and use of the service at any time, with the understanding that this may lead to the loss of your content and that Voetsy is not liable to make said content available to you at any time from the termination date or any future date.

Services offered through the registration of an account

Purchases of products and services on the Voetsy site are offered to you through either a registered user account or guest account.

The selling of products and services through an individualised online shop is provided to users who have registered and who have been approved as a vendor on the site.

The provision of Seller services is offered through the member registration process and payment terms thereof. To view the services available to members and payment options, click here.

Interaction between members, customers and guests is offered through a variety of means on the site and is governed by Voetsy’s community policy. By agreeing to the terms of use you commit to the adherence of said policy when posting any content on the site.

You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to acceptance and adherence to the terms.

You are not permitted to undertake any illegal activities whatsoever with regards to our services in general, as well as our software, data, files, security and any other information stored on our computer systems and network resources, or those of other users.

Voetsy allows for the termination of services by users in all capacities at any time, under the provision that Voetsy will not be held liable for any and all losses incurred as a result of such a termination, and with the user’s understanding and acknowledgment that payed for services are non-refundable in the event of a termination of services by either the user or by Voetsy.

Voetsy reserves the right to amend, suspend or terminate services to anyone, for any reason and at any time, without notice. Through your use of our services and these terms, you agree that you have no legal or contractual rights to using any of our services.

Fees

You are responsible for and agree to the payment of any fees owing to Voetsy for the use of our services. Further information regarding fees can be viewed by clicking here.

Services on the Voetsy site are available through either a free membership or a paid monthly membership.

On either of the above options, Voetsy deducts a percentage of the advertised sale price on products and services as a commission fee, on the conclusion of all total sales on the site. The commission fee is inclusive of all payment charges that are incurred during the processing of online payments by third parties. Voetsy will receive all payments via third party and disburse sales payments owing to Sellers, less commission owed to Voetsy, every Wednesday on a weekly basis. Information related to sales and commissions can be viewed through your online shop’s dashboard.

Any disputes arising over payment received by Sellers from Voetsy, must be submitted and detailed in writing to TheBeanCounters@voetsy.co.za within thirty (30) days of the actual payment date. Failure to do so on the Seller’s part will result in Voetsy rejecting any claims without further liability.

Sellers registered on a free membership are able to upgrade their membership at any time. Downgrading a membership will only be considered on a case by case basis and only when submitted in writing to TheBeanCounters@Voetsy.co.za

Membership fees owing to Voetsy may be purchased monthly through our online shop by no later than the 25th of each month to ensure membership renewal. Failure to renew your membership will result in having your services temporarily suspended in whole or in part until payment has been received. Voetsy reserves the right to discontinue service to you in the event of any non-payment with no liability in the resulting loss of income of content.

Voetsy reserves the right to make any changes to the fees and submits to providing fourteen (14) day’s notice to all users through written confirmation prior to any changes taking effect.

Buying and Selling on Voetsy

All orders placed on the Site constitute a direct transaction and personal relationship between Buyers and Sellers and are conducted independently of Voetsy. All sales are binding and commit the Buyer to paying the Seller through the Seller’s stipulated payment method, and commits the Seller to completing the transaction in accordance with the Seller’s stipulated store policies. Store policies will include the Seller’s terms and conditions with regards to such things as returns and exchanges or production and delivery times. Exceptional circumstances may arise leading to the inability of either party to complete a transaction. Both parties are advised to reach a resolution in such circumstances.

Disputes

Should you or Voetsy become involved in any disputes, both parties are required to follow the below outlined procedure for dispute resolution.

Either party must give notice of the dispute in writing to the other, after which a settlement negotiation must be attempted to resolve the dispute within fourteen (14) working days of receipt of the notice.

If no dispute resolution can be reached within this time, both parties must reach an agreement within a further five (5) working days, on the appointment of a mediator to resolve the dispute.

Failing to reach this agreement, a resolution to the dispute will be sought through arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) and by an arbitrator appointed by the foundation. Costs of arbitration will be borne by both parties respectively unless the outcome of arbitration finds in favor of one party, or that the claim brought was frivolous and improper on the part of one party, at which point all costs of arbitration will fall to the party responsible for initiating the claim, or the opposing party.

Disputes arising between users must be referred to local law enforcement or other certified arbitration and mediation entities for resolution. You agree to indemnify Voetsy of any responsibility in the event of any disputes between yourself and another user. You further agree to indemnify Voetsy (Pty) Ltd, its Directors and employees and the website of any responsibility within a dispute or legal claim, that arises as a result your actions whilst using (or misusing) our services, breaching our terms or infringing on the rights of any individuals.

Voetsy may provide assistance in user disputes where possible, but only at our discretion. Voetsy is by no means whatsoever responsible for the resolution of disputes between users and will make no judgements in these matters.

Disclaimers and Limitations of Liability

Through the use of our services and by agreeing to these terms you acknowledge and accept that:

Voetsy has no involvement whatsoever in the manufacturing of products or provision of services offered for purchase by independent Sellers on the Site. We manage the platform through which products and services are offered for purchase and have overall approval of which products and services are displayed. However, because we do not produce, store or inspect any products or services offered by Sellers, we hold no guarantees whatsoever as to the quality, accurate representation, safety or legality of products and services. Nor do we have any control or guarantee that purchased products or services will be delivered. You indemnify Voetsy from any claims related to product or service purchase and delivery, and agree to make such claims directly with the responsible Seller.

Sale transactions are facilitated on the site through a third party service provider. More information regarding payments can be viewed in our Payments Policy. We do not guarantee nor do we have any control over Buyers fulfilling their payment obligations when purchasing from Sellers. Furthermore, we offer no guarantee that the chosen payment methods used for any purchases are done so legally by the authorized user of said payment method, or that the payment method is within the financial capacity of the user.

Links to any other third party services found on our site are used at your own risk. Any terms and conditions placed on you by third party services are solely an agreement between yourself and the third party and in no way include Voetsy.

Voetsy makes no representations regarding any content you may view to be offensive on either our site or through third party links. You will not hold Voetsy responsible for the accuracy, legality, decency or copyright compliance of any content.

Voetsy does not undertake exhaustive screening of users on the site, and cannot guarantee the identity of any users you interact with in any capacity on the site. You agree to release Voetsy of any liability regarding your interactions with other users on the site and in person if applicable. You are advised to exercise caution and discretion when interacting with users.

You agree that our services are provided on an “as is” basis and that we offer no guarantees on these services, either expressed or implied. We do not guarantee that the services will be available at all times, and that any errors regarding site functionality or payment processing will not occur, nor that such error when encountered can be resolved. We offer no guarantee regarding your satisfaction with our services or that they may be free of viruses and harmful content. You agree that using our services are done so entirely at your own risk and release Voetsy (Pty) Ltd, its Directors and employees as well as the website from any liability for any personal, financial or data loss incurred whatsoever whilst undertaking any activities on our site and utilising our services.

Changes to Terms

We reserve the right to make any changes to the terms, and will communicate any changes through our site. Continued use of our services after changes are effected will constitute your agreement to the changes.

Governing Law

The content of this site is submitted in deference solely to the laws applicable in the Republic of South Africa, and may not be apply to laws outside of South Africa. Accessing the site from outside of the country is done so at your own risk and the responsibility of compliance with any other laws falls solely to you.

These terms and all policies making up the terms are governed and interpreted by the laws in force in the Republic of South Africa. By entering into this agreement you submit unconditionally to the jurisdiction of the court of the Republic of South Africa.

Non-Waiver

Unless otherwise specified, failure to enforce any provisions within the terms and the policies making up the terms will constitute a waiver of rights to later enforce any part of the terms.

Notices

Voetsy hereby chooses 27 Ulonwabo, 151 Dale Lace Avenue, Randpark Ridge, 2156. Johannesburg, South Africa as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Notices must be served either by hand, by prepaid registered post or by email. Notices served by email will be deemed served if no non-delivery return mail is received, by hand will be deemed as received on date of delivery, and as 10 days after date of posting in the case of prepaid registered post.

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